Divorce in Georgia

Divorce is a difficult process for any couple.

Truth be told, parties involved would rather hand all the work to their lawyers without having to sit in court or even see each other if possible. Aside from the stressful proceedings, there are other things to consider, especially in view of children and properties.

Many divorces have become long-drawn, bitter processes when parties involved have been ill-advised or when one of the parties wants more than what is due to them. Hence, it is indeed very beneficial to lessen the emotional hassle that the proceedings would entail. However, it is also important for both parties involved to be knowledgeable of divorce laws as well as their options.

The State of Georgia defines 13 grounds for divorce one of which is called “irretrievably broken” or “no-fault” ground. The law says that to get a divorce on no-fault ground, one party must be able to show that he or she is not anymore willing to cohabit with the other, and that there is no more hope for “reunification.” However, it is not required for the other side to concur that the marriage is indeed in that state. Furthermore, it is also not required to demonstrate the actual presence of some shortcoming on the part of either. Hence, this by far is the least complicated ground to file for divorce which could mean a faster conclusion to the whole debacle.

The other 12 are fault grounds may be invoked only upon the capability of the plaintiff to demonstrate the commission of an act of wrongdoing by any of the parties. This is not only complicated, but may also cause more emotional damage on both sides. This list of twelve include adultery, desertion, mental or physical abuse, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction and mental illness.

But then, regardless of the ground claimed for divorce, one condition of filing for divorce in Georgia is a six-month residency for one of the spouses.

To file for divorce, information on the marriage must be prepared including present living arrangements, children of the marriage, assets, debts and the specific grounds on which he or she is seeking the divorce. The complaint should then be filed in an appropriate superior court with the help of the lawyer.

Georgia: Divorce VS Annulment

Couples residing in the State of Georgia who want to dissolve their marriage have only three options to choose from: divorce; annulment; or a decree of separate maintenance granted by courts. Those who want to have the union nullified as if it never happened in the first place opt to file for annulment. This is a ground if one or both parties were defrauded and forced into marriage.

However, an annulment will prove to be difficult to gain if there are children born of the marriage.The Georgia State Family Law states that in this case, the marriage may only be dissolved by divorce. Although it is possible for a couple to live apart without divorcing, it is better to do so for the convenience of both parties.

Based on law, the parties not wishing to divorce may file a separate maintenance action but remains legally married. This, however, will prove to create complications should both or one of them seek remarriage to other people.

This also curtails the financial freedom for one of the spouses. In cases like these, the court will ask one spouse to pay alimony to the other thus creating a dependency of sorts. Unlike in a divorce, the properties will be divided accordingly between the spouses. This is the reason why many opt to take the divorce route,

On the other hand, the law also states that one does not necessarily have to go to court to get a divorce. An agreement may be drawn up between the spouses to resolve all pertinent issues including finances, division of property and custody of children. The agreement becomes the couple’s settlement and must be presented to the court for approval thereby concluding the lawsuit. Matters of child custody and parenting time, however, is always determined by a judge.

Should the complaint be uncontested, divorce may be granted 31 days after serving the defendant. It would take many months if there are disagreements.The spouses should also opt to request for a temporary hearing to thresh out arrangements regarding children and property.

An order issued by the judge to effect these temporary arrangements may also be made to prevent the transfer and selling of assets until the final trial.